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ENB - Region 1 Notices 10/07/2009

Public Notice

New York State Office of the Attorney General

Notice of Lodging of Consent Decree under the Comprehensive Environmental Response, Compensation, and Liability Act

Notice is hereby given that on September 28, 2009, a proposed consent decree (Consent Decree) in State of New York v. Hickey's Carting, Inc., et al., CV 01-3136 (KAM)(WDW) was lodged with the United States District Court for the Eastern District of New York.

In this action the State of New York sought to recover unreimbursed costs incurred for activities undertaken in response to the release and threatened release of hazardous substances from the Town of Islip landfill on Blydenburgh Road in Islip, Suffolk County, New York (Site). This case was commenced by the State for the reimbursement of funds and does not directly concern the selection and implementation of a remedy for the Site.

The settling defendants and settling third-party defendants (collectively, Settling Defendants) are: Entenmann's, Inc., Estee Lauder Inc., Whitman Packaging Corp., Muller Martini Corp., GE Aviation Systems LLC (formerly known as Smiths Aerospace LLC and Aerospace Avionics Inc.), Dayton T. Brown, Inc., Disc Graphics, Inc., Franza's Universal Scrap Metal Inc., Long Island Lighting Company (d/b/a Long Island Power Authority), Murdoch Company, LLC (formerly known as MacKenzie Chemical Works, Inc.), County of Suffolk, Jamaica Ash & Rubbish Removal Co., Inc., Jet Sanitation Service Corp., Prudential Insurance Company of America, Macy's East, A Division of Macy's Retail Holdings, Inc., Verizon New York, and Gilford Holdings Ltd. (formerly known as Southside Carting Co. Inc.). In addition, the Town of Islip and the Town of Islip Resource Recovery Agency (collectively, Town), and the New York State Office of Mental Health, New York State Department of Transportation, Central Islip State Hospital, and Pilgrim Psychiatric Center (collectively, State Agency Defendants) are parties to the settlement. The proposed Consent Decree requires the Settling Defendants to make a collective payment of $3,000,000. The proposed Consent Decree represents a settlement of the State of New York's claims against the Settling Defendants to recover its costs incurred in the investigation and remediation of the Site. However, the State's case will continue with respect to Hickey's Carting, Inc., Dennis C. Hickey and Maria Hickey.

The New York State Office of the Attorney General will receive comments relating to the Consent Decree for a period of thirty (30) days from the date of this publication. Comments should be addressed to Pedro Medina, Assistant Attorney General, and either e-mailed to: Pedro.Medina@oag.state.ny.us or mailed to Pedro Medina, Assistant Attorney General, New York State Office of the Attorney General, 120 Broadway, New York, NY 10271, and should refer to State of New York v. Hickey's Carting, Inc.

The Consent Decree may be examined at the Office of the New York State Attorney General, 120 Broadway, New York, NY 10271. To review the Consent Decree there, contact Pedro Medina to make an appointment: E-mail: Pedro.Medina @oag.state.ny.us, Phone: (212) 416-8464). A copy of the Consent Decree may also be obtained by mail from Pedro Medina, Assistant Attorney General, New York State Office of the Attorney General, 120 Broadway, New York, NY 10271, or by faxing or e-mailing a request to Pedro Medina, Fax: (212) 416-6007, E-mail: Pedro.Medina@oag.state.ny.us. In requesting a copy, please enclose a check in the amount of $9.75 (25 cents per page reproduction cost) payable to the State of New York. If making the request by e-mail or fax, forward a check in that amount to Pedro Medina at the above-stated address.

Negative Declaration

Suffolk County - The Town of Huntington Town Board, as lead agency, has determined that the proposed Parking for Hybrid and Alternative Fuel Vehicles will not have a significant adverse environmental impact. The action involves an amendment to the Code of the Town of Huntington to provide dedicated parking spaces for hybrid and alternative fuel vehicles. The project is located in all of District #0400 in the Town of Huntington, New York.

Contact: Scott Robin, Town of Huntington, Huntington Town Hall, 100 Main Street, Huntington, NY 11743, Phone: (631) 351-3196, E-mail: srobin@town.huntington.ny.us.

Notice of Completion of Draft EIS
Notice of Complete Application
Notice of SEQR Hearing

County: Suffolk

Lead Agency: New York State Department of Environmental Conservation (NYS DEC)
Region 1 Headquarters
SUNY @ Stony Brook
50 Circle Road
Stony Brook, NY 11790-3409

Application I.D. #: 1-4738-03637/00001

Applicant: KACE LI, LLC
755 Main Road
P.O. Box 67
Greenport, NY 11944

Permit(s) Applied for: 1- Article 24 Freshwater Wetlands

This notice is issued pursuant to 6NYCRR Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

A Draft Environmental Impact Statement (Draft EIS) has been completed and accepted for the proposed action described below. Comments on the Draft EIS are requested and will be accepted by the contact person until November 30, 2009. A public hearing on the Draft EIS will be held on October 28, 2009 from 7:00 p.m. to 9:30 p.m. at Southold Town Hall, 53095 Main Road (Route 25), Southold, NY 11971.

Title of Action: Proposed Annexation by the Village of Greenport of Approximately 17.2 Acres of Land in the Town of Southold and the Subsequent Development and Construction of a Residential Project Known as Northwind Village.

Description of Action: The proposed project involves the annexation by the Village of Greenport of a 17.2 acre parcel currently located in the Town of Southold adjacent to the northwest border of the Village. Once annexed, the site is proposed to be developed with a 128 unit mixed-income affordable housing development, consisting of one, two, and three bedroom homeownership units, access roadway, driveways, common areas, and landscaping. The proposed project will create 64 affordable units (50% of the total units) as defined by Suffolk County, which will be subject to price, sale, resale, and ownership controls - collectively known as "affordability" restrictions.

Location: The property is located on the south side of Suffolk County Route 48 (North Road), approximately 1,600 feet east of Chapel Lane in the Town of Southold, New York.

Type of Action: Type 1 Action

Potential Environmental Impacts: The action will involve construction and related disturbance in the adjacent area of a regulated freshwater wetland associated with Moores Drain/Pipes Creek and Cove, a large freshwater and marine system which discharges to Peconic Bay, part of a Federally-designated National Estuary. The Draft EIS examines the potential adverse impacts of the proposed action on these resources. In addition, the Draft EIS assesses the potential adverse impacts of the action on the ecology of the area, including impacts to threatened and endangered species, geology, soils, topography, water resources, land use and zoning, community character, community services, transportation, cultural resources, the use and conservation of energy and the production, disposal of solid waste, and recreation. The consistency of the project with the Town of Southold's comprehensive planning studies and the Local Waterfront Revitalization Programs of both the Town of Southold and the Village of Greenport are also examined in the Draft EIS.

The Draft EIS discusses potential cumulative impacts of the project such as those which could result to the aquifer and public water supply system of the North Fork, the Greenport Wastewater Treatment Facility, and to the Moore's Wood deep forest habitat. Proposed mitigation measures, the potential impacts of alternatives to the proposed action, and unavoidable adverse impacts are also described in the Draft EIS.

Availability of the Draft EIS:

Online: http://www.vhb.com/northwindvillage/deis

A hard copy of the Draft EIS is available for public examination at the offices of the lead agency contact listed below and at following public libraries:

Floyd Memorial Library Greenport
539 First Street
Greenport, NY 11944
Phone: (631) 477-0660
E-mail: flydlib@suffolk.lib.ny.us

Southold Free Library
P.O. Box 697
53705 Main Road
Southold, NY 11971
Phone: (631) 765-2077
E-mail: sohdlib@suffolk.lib.ny.us

Contact: Sherri Aicher, NYS DEC - Region 1 Office, Division of Environmental Permits, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409, Phone: (631) 444-0403, E-mail: slaicher@gw.dec.state.ny.us.

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